India · Personal Status Law

Personal Status Law

Inheritance, marriage, divorce, custody and estate planning are among the most consequential matters a person faces — and for Indian nationals and persons of Indian origin living in the UAE, the GCC or elsewhere, they span two or more legal systems at once. We provide personal status advisory grounded in Indian personal law, with the cross-border perspective globally mobile Indian families require.

The framework we work in

Succession statutes

Hindu Succession Act 1956, Indian Succession Act 1925 & Islamic personal law

Marriage

Special Marriage Act 1954 & Foreign Marriage Act 1969

Family & custody

Family Courts Act 1984; Guardians and Wards Act 1890

For NRIs

Estates and family matters across India, the UAE, GCC and UK

01 — Our services

Across the family's legal life.

India has no single uniform code; the applicable law turns on the community and the assets involved. We navigate the full multi-statute framework — for wills and succession, marriage and divorce, custody and estate structures — for families wherever they live.

Wills & succession planning

India does not have a single uniform succession statute; the applicable law depends on the community of the deceased.

The applicable statute — the Hindu Succession Act 1956 (as amended in 2005) for Hindus, Sikhs, Buddhists and Jains; the Indian Succession Act 1925 for Christians and Parsis; and Islamic personal law, applied through the Indian courts, for Muslims.
An India Will for NRIs — a validly executed Will, registered with the Sub-Registrar or deposited with a court, protects Indian assets, bypasses intestacy disputes, and documents guardianship preferences.

Probate, inheritance & estate administration

Establishing entitlement to an Indian estate, whether or not a registered Will exists.

Probate — obtained from the relevant High Court where a Will involves immovable property or is contested.
Succession Certificate — sought from the District Court under the Indian Succession Act 1925 for movable assets such as bank accounts and investments.
Estate administration — court filings, sworn statements, coordination with banks and property registries, and distribution across Indian jurisdictions and with foreign courts where required.

Marriage registration & pre-/post-nuptial agreements

Multiple legal pathways for marriage, with documents prepared for use abroad.

Registration — under the Special Marriage Act 1954, a civil, religion-neutral framework available to all citizens and NRIs, or the Foreign Marriage Act 1969 for marriages solemnised outside India.
Documents & agreements — preparation and legalisation for use abroad, and the drafting of pre-nuptial agreements under Indian law, with cross-border enforceability for couples holding assets in India and the UAE or elsewhere.

Divorce & family dispute resolution

Proceedings governed by the statute applicable to the parties’ community, before India’s Family Courts.

The applicable statute — the Hindu Marriage Act 1955, the Special Marriage Act 1954, the Dissolution of Muslim Marriages Act 1939, or the Indian Divorce Act 1869 for Christians.
The full spectrum — mutual-consent proceedings, contested divorce, financial maintenance, division of matrimonial assets, and recognition of foreign divorce orders.
A settlement-first approach — negotiated outcomes to reduce conflict, particularly where children are involved and cross-border arrangements must remain workable.

Child custody, guardianship & relocation

Adjudicated on the welfare of the child, before the Family Courts.

Governing law — the Guardians and Wards Act 1890 and the applicable personal-law statutes, before Family Courts established under the Family Courts Act 1984.
Cross-border arrangements — cross-border custody enforcement, parental relocation applications, and custody arrangements that can be recognised across multiple jurisdictions.

Cross-border estate planning & wealth structures

Protection that a Will alone cannot guarantee, for clients with significant or multi-jurisdiction assets.

Trusts & settlements — private discretionary trusts under the Indian Trusts Act 1882, and family settlement agreements that prevent inheritance disputes among heirs.
Holding structures — corporate holding structures that preserve operational control through generational transition.
India–UAE coordination — coordinated structures so the India and UAE components operate coherently as a single estate plan.

For globally mobile Indian families

One estate, many jurisdictions.

Personal status matters for NRIs frequently engage Indian law alongside the laws of the UAE, the GCC, the United Kingdom and elsewhere. We structure succession and family arrangements that hold across borders — and for families with assets in both India and the UAE, design the two components to work as one coherent plan.

Our UAE personal status practice →

02 — Representative experience

A sample of recent matters.

Multinational inheritance & guardianship settlement. Assisted a family spanning the United Kingdom, India and the UAE after a sudden bereavement — a full succession analysis across Indian personal law and foreign systems, mediation among heirs resident in several countries, and notarised settlement agreements structured for recognition across all relevant jurisdictions.

Cross-border estate planning. Advised a client with assets in India, the UAE and the United States on a unified estate-protection framework — a coordinated trust and succession arrangement, foreign counsel in each jurisdiction, and a compliant plan balancing tax exposure, asset protection and seamless succession under both Indian and UAE law.

High-conflict divorce & cross-border custody. Represented clients in contested divorce involving asset division, custody, maintenance, and cross-border custody requiring recognition in India and the other parent's country of residence — a negotiation-first strategy achieving dignified settlements and protecting co-parenting.

Representative matters. Some details are withheld for client confidentiality.

03 — How we work

Clear, confidential, cross-border.

A consistent, empathetic approach — whether drafting a Will, administering an estate, mediating custody, or structuring a family trust.

Understand

The family, the assets and the jurisdictions involved — and which law applies to each.

Document

Wills, agreements and structures drafted to the applicable statute and built to hold abroad.

Resolve

Probate, divorce or custody handled with a settlement-first, conflict-minimising approach.

Coordinate

Recognition and enforcement across India and the other jurisdictions where the family holds assets.

04 — Frequently asked questions

India personal status, answered.

Which succession law applies to an Indian national's estate?

It depends on the religious community of the deceased. The Hindu Succession Act 1956 governs Hindus, Sikhs, Buddhists and Jains; the Indian Succession Act 1925 applies to Christians and Parsis; Muslim succession is governed by Islamic personal law applied through the Indian courts. For NRIs, the location of assets and the nationality of heirs may also require coordination with foreign succession laws.

Do NRIs need to register a Will in India?

Registration with the Sub-Registrar is not mandatory but strongly recommended. A registered Will creates a public record, is harder to challenge, and simplifies probate and succession proceedings. For NRIs with India-based immovable property, it significantly reduces the risk of delays and disputes.

What is the difference between probate and a succession certificate?

Probate is granted by the High Court to validate a Will and authorise the executor — typically required for immovable property in Presidency towns or where the Will is contested. A Succession Certificate is granted by the District Court under the Indian Succession Act 1925 and establishes the right of heirs to collect debts and movable assets such as bank accounts, shares and investments from an intestate estate.

Can an Indian court recognise a foreign divorce judgment?

Yes, subject to conditions. Foreign divorce decrees are recognised under Section 13 of the Code of Civil Procedure if passed by a competent court, conducted correctly, and not in conflict with Indian public policy or natural justice. We advise on the conditions for recognition and manage enforcement proceedings in India.